Text
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
The defendant and the victim B (the age of 13) were hospitalized in the D Hospital located in Namyang-si, Namyang-si, Gyeonggi-do, and became aware of their personnel affairs.
around 02:30 on October 30, 2015, the Defendant found the victim’s above hospital E in which the victim is hospitalized, and the victim locked was her cret, and the victim her cret with her cret.
Accordingly, the defendant committed indecent acts against the victim by taking advantage of the mental condition of the victim who is a child or juvenile.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning B;
1. Application of Acts and subordinate statutes to investigation reports (report on the contents of conversations for reference);
1. Article 7 (4) and (3) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 299 of the Criminal Act and the choice of imprisonment for a crime;
1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):
1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);
1. The main sentence of Article 21 (2) and Article 21 (4) of the Act on the Protection of Children and Juveniles against Sexual Abuse;
1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities
1. Reasons for sentencing of a child or juvenile exempted from disclosure order and notification order [In full view of the circumstances such as the background of the instant crime, the Defendant’s age, character and conduct, social ties, criminal records and the risk of recidivism, the profits and preventive effects expected from disclosure order and notification order, and the disadvantages and side effects of such order] under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (see, e.g., special circumstances in which disclosure or notification of the
1. Legal penalty;